HARMEL CHAND Vs. AMRITSAR CONST CO

JUDGEMENT

(1.) This appeal is directed against the judgment dated 12.1.1989 of the Motor Accident Claims Tribunal, Delhi in Suit No.89/ 81 whereby the learned Tribunal has awarded a sum of Rs. 67,310/- with an interest of 10 % to the claimant on account of injury suffered by him in an accident that occurred on 23.1.1981.

(2.) Brief facts of the case as noted by the Motor Accident Claims Tribunal is as follows: -

(3.) It is contended by counsel for the appellant that the Tribunal has gone wrong in not appreciating that the claimant was earning a sum of Rs.40/- per day and that there is nothing on record to show that the claimant was not working regularly and continuously and, therefore, there was no reason to have arrived at a figure of Rs.800/- instead of Rs.1200/- per month. He also submits that the Tribunal has gone wrong in assessing compensation on account of mental pain and agony and suffering while awarding a sum of Rs.40,000/-. He submits that the nature of the accident and the medical treatment certainly demanded a higher amount under this head. He prays that the amount awarded be enhanced to Rs. 1,00,000/- as originally claimed.